Act of the Czech National Council No. 77 / 1976 Coll.
Act of the Czech National Council on the competence of the bodies of protection of the agricultural land fund of the Czech Socialist Republic
Valid
Effective from 01.10.1976
77
THE LAW
Czech National Council
of 30 June 1976
on the competence of the bodies of protection of the agricultural land fund of the Czech Socialist Republic
The Czech National Council decided on this law:
Protection authorities for the agricultural land fund
(1) The authorities for the protection of the agricultural land fund are the national committees and the Ministry of Agriculture and Nutrition of the Czech Socialist Republic (hereinafter referred to as the Ministry).
(2) The authorities of the protection of the agricultural soil fund carry out state administration on the section protection of the agricultural soil fund under Act No. 53 / 1966 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 75 / 1976 Coll. (hereinafter referred to as "the Act") and under this Act.
Local National Committees
(1) The local national committees shall determine, in their respective areas of competence, agricultural parcels for which the current economic use is less profitable than arable land, discuss their conversion into arable land with the authorities of the state economic management of agriculture and with the users (owners) of the land and, where justified, may impose such conversion under Article 3 of the Act.
(2) Under Article 12 of the Act, local and regional national committees are being consulted on the intended implementation of the work in geological and hydrogeological surveys and on the construction, repair and maintenance of aerial and underground lines on agricultural parcels.
Regional National Committees
(1) Regional National Committees
(a) decide under Article 1 of the Act in doubt whether it is part of an agricultural land fund;
(b) identify, in cooperation with the local national committees and with the authorities of the State economic management of agriculture in municipalities, land which should be declared as part of the agricultural land fund, declare it part of that fund and, pursuant to Article 2 of the Act, make provision for their use for agricultural production;
(c) permit, under Article 4 of the Act, changes in cultures within the agricultural land fund;
(d) under Article 5 of the Act, the users (owners) of agricultural parcels are required to carry out the necessary measures for the intensive and rational use of such parcels for agricultural production and to increase their fertility; users (owners) of other land belonging to the agricultural land fund are required to carry out on their own expense the measures necessary for the proper maintenance of those land,
(e) grant, under Article 8 of the Act, approval to draft zoning plans where the granting of such consent is not for the Ministry;
(f) grant, pursuant to Article 10 of the Act, consent to draft routes of overhead and underground lines;
(g) determine, in accordance with Article 11 of the Law, the areas on which the upper cultural layer of the soil is to be taken and spread and the soil which is capable of being grown more deeply and which have been obtained by hiding;
(h) approve, pursuant to Article 11 of the Act, a plan to complete soil treatment and work to eliminate the effects of mining or other industrial activities;
(i) in accordance with Section 12 of the Act, permit exemptions from the obligation to carry out a cover of the cultural layer of the land, in the case of geological and hydrogeological surveys and in the construction, repair and maintenance of aerial and underground lines on agricultural parcels, and under Section 14 of the Act;
(j) grant, under Article 12 of the Act, approval to the withdrawal of agricultural land for a period of more than one year to the operators of geological and hydrogeological exploratory works and to the investors of construction of overhead and underground lines;
(k) decide, under Article 13a of the Act, whether, in the event of the withdrawal of agricultural land, agricultural production is a significant interference in the management of a socialist agricultural organisation;
(l) decide pursuant to Article 14 of the Act on the withdrawal of agricultural land from agricultural production and Article 15 of the Act on the withdrawal of parts of the agricultural land fund which are not agricultural land, and lay down the conditions under which they authorise the withdrawal;
(m) prescribe, in accordance with Article 14 or Article 19 of the Act, levies on the withdrawal of agricultural land from agricultural production;
(n) approve the agreements on the elimination of economic damage covered by Article 23 of the Act and, if they fail to reach this agreement or if the agreement concluded does not comply with the legislation, decide on the obligation to eliminate economic damage and fix a time limit for its fulfilment;
o) may impose fines on organisations and their workers under Article 27 of the Act.
(2) With regard to agricultural land other than land under Section 7a (1) of the Act and its area does not exceed 1 ha, the district national committees
(a) grant, under Article 9 of the Act, consent to proposals for the establishment of conquest areas;
(b) decide to give prior consent under Article 13a of the Act; it also lays down essential conditions to ensure the protection of the agricultural land fund, approve the recovery plan or, where appropriate, establish a special arrangements for its implementation.
(3) The Regional National Committees decide, in accordance with Section 21 of the Act, with the approval of the Ministry, or with the approval of the Ministry of Finance of the Czech Socialist Republic, to reduce the levies on the withdrawal of agricultural land from agricultural production.
(4) The Regional National Committees decide in doubt whether agricultural land belongs to the established territory of the municipality (§ 22 (a) of the Act).
(5) The regional national committees shall be consulted under Article 26 of the Act on the use of agricultural land for non-agricultural purposes for a period of less than one year and shall be notified of the end of the non-agricultural use of that land and its initial status.
(6) The Regional National Committees may reserve, on a case-by-case basis, the imposition of measures pursuant to Article 2 (1).
Regional National Committees
(1) If the agricultural land under Section 7a (1) of the Act is in an area of up to 3 ha or other agricultural land above 1 ha up to 5 ha, the Regional National Committees
(a) grant, under Article 9 of the Act, consent to proposals for the establishment of conquest areas;
(b) decide to give prior consent under Article 13a of the Act; it also lays down essential conditions to ensure the protection of the agricultural land fund, approve the recovery plan or, where appropriate, establish a special arrangements for its implementation.
(2) Regional National Committees may reserve:
(a) decisions under Article 1 of the Act in doubt whether they are part of an agricultural land fund;
(b) authorising changes in cultures within the agricultural land fund in accordance with Article 4 of the Act, where applicable, if there is a significant scope or scope for changes;
(c) the granting of consent under Article 8 of the Act on proposals for zoning plans, unless the granting of such consent is for the Ministry;
(d) the granting of consent under Article 10 of the Act on draft routes of above-ground and underground lines, if they are of regional importance.
Ministry of Agriculture and Nutrition of the Czech Socialist Republic
(1) Ministry
(a) manage the performance of the state administration on the agricultural land fund protection section and monitor the performance of its tasks by the national committees on that section;
(b) develop a concept of development and a concept of rational and full use of the agricultural land fund;
(c) pursuant to Article 8 of the Act, consent to the proposals for the territorial plans of the major territorial units and the territorial units and to the proposals for the territorial plans of the zones in the territory of the capital of Prague; agree on the proposals for other zoning plans in cases where the plans of the local departments have not yet been approved.
(2) If agricultural land is above 3 ha or other agricultural land above 5 ha under Section 7a (1) of the Act, the Ministry
(a) pursuant to Article 9 of the Act, consent to proposals for the establishment of conquest areas;
(b) decide to give prior consent under Article 13a of the Act; it also lays down essential conditions to ensure the protection of the agricultural land fund, approves the recovery plan, or, where appropriate, provides for a special regime for its implementation, and, if significant interference with the management of the socialist agricultural organisation, provides for the elimination of economic damage.
(3) The Ministry may reserve its consent to draft routes of above and underground lines under Section 10 of the Act, if they are of national importance.
Local jurisdiction of the agricultural land fund authorities
(1) The request for prior consent to the withdrawal of agricultural land from agricultural production pursuant to Article 13a of the Act and the request for consent to the proposals for the establishment of mining sites in the mining of minerals pursuant to Article 9 of the Act shall always be submitted to the District National Committee, in whose district the largest part of the agricultural land to be withdrawn is located.
(2) Where, in order to give prior consent to the withdrawal of agricultural land from agricultural production or to the proposals for the establishment of conquest areas, the regional national committee or, where appropriate, the regional national committee and the agricultural land to be withdrawn from agricultural production are located in two or more counties or counties, that agreement shall be granted by the regional national committee or, where appropriate, by the regional national committee, in whose district the largest part of that land is situated.
(3) Withdrawal of agricultural land from agricultural production shall be decided by the district national committee in whose district the withdrawn agricultural land or the largest part thereof shall lie.
(4) The provisions of paragraph 3 on the local jurisdiction of the District National Committee shall apply mutatis mutandis in deciding whether the establishment of protection zones pursuant to Article 23 (1) (b) of the Act has had significant interference with the management of the socialist agricultural organisation, as well as the approval of agreements to eliminate the economic damage arising from the establishment of those zones or, where appropriate, to decide on the obligation to eliminate such economic damage.
Common, repeal and final provisions
The authorities of the protection of the agricultural land fund may, where justified, extend the validity of the prior consent granted by them to the withdrawal of agricultural land from agricultural production in accordance with Article 13a of the Act.
Proposals for the territorial plans of large territorial units, local departments and zones and proposals for the establishment of conquest areas shall be discussed in accordance with Section 8 or Section 9 of the Act, as appropriate, with the authorities for the protection of the agricultural land fund, which are responsible for agreeing to these proposals before they are approved.
The authorities of the protection of the agricultural land fund shall ensure compliance with the provisions of the law and the rules issued on the basis thereof, shall consistently check that the conditions and the measures imposed by them are complied with and shall, within the limits of their competence, impose measures to remedy the deficiencies identified.
The authorities of the protection of the agricultural land fund shall cooperate with the authorities of the state economic management of agriculture, as well as with all the authorities whose activities affect the agricultural land fund, in particular the spatial planning bodies, the geodesy and cartography bodies, the authorities of the state administration of the forestry sector and the authorities of the state conservation of nature.
The fines imposed under Section 27 of the Act are the revenue of the national committee's budget which imposed them.
Items No 12- 15 of Annex C and Lot No 1 of Annex F to the Czech National Council Act No. 146 / 1971 Coll., amending and supplementing the Act on National Committees and regulating the competence of national committees in certain sections of government.
This Act shall take effect on 1 October 1976.
Erban v. r.
Korcák v. r.
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Regulation Information
| Citation | Act of the Czech National Council No. 77 / 1976 Coll., on the Jurisdiction of the Protection of Agricultural Soil Fund of the Czech Socialist Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.07.1976 |
|---|---|
| Effective from | 01.10.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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